Legal Question in Real Estate Law in California

Re: death with no will

"In both names" can mean several things:

1. Tanants in common;

2. Joint tenants;

3. Community property; or

4. Community property with right of survivorship.

If the property was held as #2 or #4, things will be fairly simple. If #1 or #3, somewhat more complex.

The degree of difficulty will also depend upon the total size (value) of the estate, how much property there is in addition to that which is held in both names, and occasional problems unique to a particular estate, including unpaid debts of the decedent.

I would say that it is always less trouble (and expense) to do estate planning in advance, including using a trust in addition to a will, and getting tax advice.